HB 0305, Engrossed 1 2003
1
2	A bill to be entitled
3	An act relating to the Indian River County School Board;
4	providing for the relief of Tylor Griffeth, a minor, by
5	and through Mark Griffeth and Teresa Griffeth, his parents
6	and natural guardians; providing for an appropriation to
7	compensate Tylor Griffeth for injuries caused by the
8	negligence of the school board; specifying uses of the
9	funds; providing for attorney's fees and costs; providing
10	an effective date
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12	WHEREAS, on January 25, 1999, 6-year-old Tylor Griffeth was
13	riding home from his elementary school in a school bus owned by
14	the Indian River County School Board and operated by a driver
15	employed by the Indian River County School Board, and
16	WHEREAS, the school bus driver failed to stop at a stop
17	sign and struck a tractor-trailer, resulting in the death of the
18	tractor-trailer driver and one student in the school bus, and in
19	injury to Tylor and other children who were aboard the bus, and
20	WHEREAS, Tylor was treated at the scene, was later taken by
21	ambulance to Sebastian River Medical Center, and subsequently
22	was transferred to the trauma center at Holmes Regional Medical
23	Center in Melbourne, Florida, and
24	WHEREAS, his admission diagnosis was a closed-head injury
25	with diplopia (double vision), as well as back and forehead
26	abrasions, and his discharge diagnosis was a possible
27	concussion, and
28	WHEREAS, Tylor's general physician provided followup care
29	and later referred Tylor to physical therapy to reduce his
30	cervical pain and headaches and to the Bascom Palmer Eye
31	Institute for ongoing visual problems, and
32	WHEREAS, Dr. Brad Simmons of the eye institute diagnosed a
33	sixth-nerve palsy in Tylor's left eye secondary to trauma, and a
34	subsequent examination again demonstrated an abduction deficit
35	in the left eye, and
36	WHEREAS, Tylor underwent a second evaluation, performed by
37	Dr. Paul Carney of the Neurology Department at Shands Teaching
38	Hospital, because of his history of a concussion with continuing
39	visual problems and his complaints that objects appeared smaller
40	in the left eye and that he was experiencing problems focusing
41	and having occasional headaches, and
42	WHEREAS, Dr. Carney diagnosed a post-concussive syndrome
43	for which he recommended monitoring in the future, and
44	WHEREAS, as a result of Tylor's injuries, his parents
45	incurred $14,813.71 in medical bills, and Mrs. Griffeth lost a
46	considerable amount of time from her employment to care for her
47	son and take him to doctors' appointments, and
48	WHEREAS, more than 3 years after the accident, Tylor is
49	still experiencing symptoms from his injuries which are
50	indicative of the permanent nature of his condition, and
51	WHEREAS, the Indian River County School Board was placed on
52	the appropriate statutory notice, and a lawsuit was filed on
53	April 16, 2001, and
54	WHEREAS, the school board has already paid the statutory
55	limit under section 768.28, Florida Statutes, for claims or
56	judgments arising out of the same incident or occurrence, and
57	WHEREAS, the attorneys for the parties performed
58	appropriate discovery, which resulted in an agreement whereby
59	the Indian River County School Board agreed to pay Mark Griffeth
60	and Teresa Griffeth, as parents and natural guardians of Tylor
61	Griffeth, $40,000 subject to a successful claim bill, NOW,
62	THEREFORE,
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64	Be It Enacted by the Legislature of the State of Florida:
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66	Section 1. The facts stated in the preamble to this act
67	are found and declared to be true.
68	Section 2. The Indian River County School Board is
69	authorized and directed to appropriate from funds of the school
70	board not otherwise appropriated and to draw a warrant in the
71	sum of $40,000, payable after July 1, 2003, to Mark Griffeth and
72	Teresa Griffeth, as parents and natural guardians of Tylor
73	Griffeth, a minor, as compensation for injuries and damages
74	sustained as a result of the negligence of the school board.
75	Such funds are to be deposited into a guardianship account for
76	the exclusive use and benefit of Tylor Griffeth. The amount
77	payable pursuant to this section is inclusive of costs and
78	attorney's fees as limited by s. 768.28(8), Florida Statutes.
79	Section 2. This act shall take effect upon becoming a law.